IN THE CASE OF:	  

		BOARD DATE:	  22 April 2010

		DOCKET NUMBER:  AR20090016638 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states that he needs a copy of his Purple Heart orders and to have this award shown on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 21 May 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty (MOS) 91A (Medical Specialist).

3.  Special Orders Number 172, Headquarters, U.S. Army Training Center, 
Fort Polk, LA, dated 8 July 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle [M-14] Bar.

4.  Special Orders Number 10, Headquarters, Noble Army Hospital, 
Fort McClellan, AL, dated 27 January 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle [M-16] Bar.

5.  On 28 January 1969, the applicant departed Fort McClellan for duty in the Republic of Vietnam.  He arrived in Vietnam on or about 26 February 1966.  He was subsequently assigned for duty as a medical corpsman with the 
4th Battalion, 39th Infantry Regiment, 9th Infantry Division.

6.  On or about 2 April 1969, the applicant was hospitalized and subsequently evacuated to Okinawa.

7.  The following general orders were published awarding the applicant the same Purple Heart for wounds sustained on 1 April 1969:

	a.  General Orders Number 98, Headquarters, 3rd Surgical Hospital (Mobile Army), dated 2 April 1969; and

	b.  General Orders Number 4354, Headquarters, 9th Infantry Division, dated 11 April 1969.

8.  General Orders Number 4769, Headquarters, 9th Infantry Division, dated
20 April 1969, awarded the applicant the Army Commendation Medal (First Oak Leaf Cluster) for outstanding achievement in connection with military operations against a hostile force for the period from 21 March to 1 April 1969.

9.  General Orders Number 5213, Headquarters, 9th Infantry Division, dated
2 May 1969, awarded the applicant the Army Commendation Medal (Second Oak Leaf Cluster) with "V" Device for heroism in connection with military operations against an armed hostile force on "2" April 1969.

10.  On 9 May 1969, the applicant was reassigned to the Replacement Company, Fort Buckner, Okinawa.  On 4 September 1969, he was assigned for 

duty as a medical corpsman with the U.S. Army Hospital, Okinawa.  He returned to the United States on or about 6 May 1970.

11.  On 7 May 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He had attained the rank/grade of specialist four (SP4)/E-4.  He had completed 1 year, 11 months, and 17 days of creditable active service.

12.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Campaign Medal, and the Vietnam Service Medal.

13.  The Vietnam Casualty Roster shows that the applicant was wounded in action.  His wounds were not serious, but required hospitalization.

14.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) states that the applicant sustained fragment wounds to both legs and left arm on 1 April 1969.

15.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

16.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that he received "excellent" conduct and efficiency ratings except for the period of his hospitalization that was rated as "unknown."  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

17.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  It stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all “excellent” conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

18.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller 
size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.

19.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Tet 69 Counteroffensive, 1969 Campaign (23 February 1969 - 8 June 1969).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 4th Battalion, 39th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 59, dated in 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart.

2.  General orders show the applicant was awarded the Purple Heart for wounds received as a result of hostile action.  He was also awarded the Army Commendation Medal (Second Oak Leaf Cluster) with "V" Device for heroism.    Therefore, these awards should be added to his DD Form 214.
 
3.  The evidence clearly shows that the applicant was a medical specialist and served with a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental or smaller size which was engaged in active ground combat.  Furthermore, the applicant was wounded in action and required hospitalization.  Therefore, it would be appropriate to award him the Combat Medical Badge and to show this award on his DD Form 214.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military duties.  He had "excellent" conduct and efficiency ratings, no disqualifying actions, and no record of conviction by court-martial.  
Furthermore, he was decorated for valor.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

5.  Records show that the applicant participated in one campaign period during his service in the Republic of Vietnam.  Therefore, he is eligible for award of one bronze service star to be affixed to his already-awarded Vietnam Service Medal.

6.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

7.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle [M-16] Bar.  Therefore, his records should be corrected to show this badge.

8.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle [M-14] Bar.  Therefore, his records should be corrected to show this badge.

BOARD VOTE:

____x____  ____x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 24 of his DD Form 214 all awards listed,

	b.  awarding him the Combat Medical Badge effective 1 April 1969,

	c.  awarding him the Army Good Conduct Medal for the period 21 May 1968 to 7 May 1970, and
	d.  adding to Item 24 of his DD Form 214 the Purple Heart, Army Commendation Medal (Second Oak Leaf Cluster) with "V" Device, National Defense Service Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Medical Badge, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.



      ____________x____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090016638



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090016638



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1